Where are the limits of copyright? Copyright in general is limited to those new and original works, fixed in a tangible medium. In regards to computer programs, they are also considered literary works for the purposes of copyright law, and so, it could be argued that the language of a…
A new economy has been developing for a while, opening a unique market, with new opportunities. This is what’s called the new “sharing” economy with an entrepreneur presenting a way to connect willing participants for an economic transaction. This has evolved from something like Craigslist, to a more user-friendly and…
After establishing the issues of preemption and standing, how can you sue for violations of CAN-SPAM? Is there any way for spam to be combated by an individual? Yes, there is by suing for fraud or deception, which are not explicitly covered under the CAN-SPAM Act. So, how do you…
Spam, for those lucky enough to be unfamiliar about it, are those unsolicited commercial emails that often clutter up inboxes with offers of sales and services that range from the reliable to the questionable. Due to the issues presented to consumers, Congress, in its wisdom, enacted a law called the…
Trademarks and branding are an important part of any business organization. They build the organization’s reputation in providing a product or service. In late January, the Fine Brothers, had made an attempt to begin a new business venture in licensing their trademarks and intellectual property to create a larger media…
In recent years, the internet has connected the general public across continents. Notably, it can be expected that data can easily travel across countries in a blink of an eye, without any delay and on a daily basis. The transfer of data is an important part in business as well. …
Trademarks are a vital part of how your business is branded and how you appeal to clients and consumers. What about those trademarks that push the boundaries on what is socially acceptable? Generally, the government may not protect those marks that are beyond what is socially acceptable. What is socially…
Product diversion is when an unauthorized seller sells a product outside of authorized distribution channels. The product goes through various unauthorized channels in order to reach the shelves or listings on a website. This is a common practice with high end and expensive beauty products. The way these unauthorized retailers…
In recent times, counterfeit items have become a large problem for many designer luxury brands. With the rapid growth of e-commerce, counterfeiters have moved their products from the streets to the Internet. This creates a problem for designer luxury brands because it is not easy for counterfeit items to be…
In general, trademarks are marks that are associated with a particular brand. Examples of trademarks include the golden arches for McDonald’s and the mermaid for Starbucks. Trademarks are important to businesses because they distinguish the business from its competitors. Businesses use these marks in marketing to gain consumer attention. Once…